Pooves and closet cases: June 2002 Archives

June 6, 2002

Vultures circle Den Haag

The Netherlands: Dutch lawyers have been quick to capitalise on the death of politician Pim Fortuyn. Fortuyn's own lawyers, G. Spong and O. Hammerstein have brought charges against several politicians, journalists and web sites using a law
Fortuyn himself opposed strongly. Clause 137d of Dutch criminal law concerns discrimination and hate speech:

He who in public, verbally or in writing or pictures, incites hate against or discrimination against (lit. 'of') people or violent acts against people or people's property because of their race, their religion or beliefs, their sex or their hetero- or homosexual orientation, will be punished with a prison sentence of up to one year, or a third category fine.

Spong and Hammerstein argue that comparing Fortuyn to Hitler, Mussolini or Haider, or his anti-Islamic statements with anti-semitism, fall foul of this law. Their "aangifte" (lit. 'declaration') includes the offending statements. For example Matty Verkamman, in the Trouw newspaper on December 22nd described Fortuyn as een man met de intelligentie van Hitler en de charme van Heinrich Himmler (a man with the intelligence of Hitler and the charm of Heinrich Himmler)! The Anarchronicon web site is cited as having contained a picture of Fortuyn in Nazi uniform and photos of posters showing Fortuyn with Hitler's cap and moustache.

The lawyers claim they are acting in accordance with Fortuyn's wishes, even though he felt he should be free to describe Islam as backwards, and that Muslims should equally be allowed to malign homosexuality. A court in Rotterdam has already thrown out the charges, but the they've have appealed to a higher court in Den Haag. Meanwhile, the Nederlandse Vereniging van Journalisten (Dutch Union of Journalists) plans a counter-suit.